UPDATED
A conservative California community college professor can continue his legal battle against his employer’s diversity, equity, and inclusion policies, which he contends infringe on his First Amendment rights, the Ninth Circuit ruled Monday.
Daymon Johnson, a history professor at Bakersfield College, sued in 2023 after he said he endured a five-month administrative investigation for voicing his opinions online. He had called a peer a radical social justice warrior.
In September, a district Court ruled Johnson had not adequately proven he faced an “actual or imminent” injury from the Kern Community College District’s DEI policy, Policy 3050. He appealed.
On Monday, the Ninth Circuit partially reversed that ruling.
“We reverse the district court’s conclusion that Johnson lacks standing to sue,” the court ruled.
“…Johnson has sufficiently alleged ‘an intention to engage in a course of conduct arguably affected with a constitutional interest’ under the First Amendment. … His intended conduct is ‘arguably proscribed’ by these provisions. … Johnson has also adequately alleged a ‘credible threat’ of enforcement under these provisions.”
Institute for Free Speech Vice President for Litigation Alan Gura, in an email to The College Fix, said Johnson’s legal team is “pleased that the court of appeals recognized that California’s DEIA regulations threaten Professor Johnson’s First Amendment rights by compelling him to express ideological viewpoints he finds objectionable.”
“The Constitution forbids the government from conditioning employment on compliance with an official ideology. We look forward to vindicating Professor Johnson’s rights and preserving freedom of thought in California’s education system,” Gura said.
Courthouse Service News reported, however, that “the appeals panel ruled that Johnson has no standing to sue under a handful of other laws, including Kern Community College District Board policy and the chancellor of the California Community Colleges’ DEIA competencies and criteria.”
“…The panel called a DEIA statement challenged by Johnson ‘an unenforceable, aspirational policy’ that applies to the California Community Colleges system, not its employees. Also, Johnson didn’t show that his district enacted similar, local policies,” Courthouse Service News reported.
“…Turning to the preliminary injunction sought by Johnson, the panel made no decision. Instead, it remanded it to the lower court for consideration.”
As The College Fix previously reported, Johnson’s lawsuit seeks to stop college leaders from investigating or disciplining him for his viewpoints.
Johnson and his lawyers claim the district and college have put in place “rules and practices” that “prevent faculty from exercising basic rights to free speech,” according to a summary of the case on the Institute for Free Speech’s website.
Editor’s note: The article has been updated to include a comment from Johnson’s lawyer.
MORE: Professor keeps fighting in court against Bakersfield College DEI policies
IMAGE CAPTION & CREDIT: Daymon Johnson / Institute for Free Speech